Elo legal

These Site Terms of Use (including all attachments hereto, the "Terms of Use") govern your use and access to websites and online information, including www.elotouch.com or other connected websites, online functions, properties and links from Elo Touch Solutions, Inc., including its worldwide subsidiaries ("Elo", "we", "our" or "us"), or its affiliates (each individually or collectively, as applicable, the "Site"). These Terms of Use also incorporate by reference our Privacy Policy. Your use of the Site is subject to your ongoing compliance with these Terms of Use, the Privacy Policy and all applicable laws, rules and regulations. These Terms of Use are a binding legal agreement between you and Elo. If you do not agree with these Terms of Use do not use the Site. Please note that the purchase of any Elo products and services (including software installed), either directly from Elo, or through an Elo authorized distributors or resellers, shall be governed by separate terms and conditions.

Use of the Site

The Site is controlled and operated by Elo from its offices within the United States. Elo makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal, restricted or requires specific consent is prohibited. If you choose to access the Site from other locations, you are responsible for compliance with all applicable local laws. You may use this Site without having an account with Elo ("Account"). If you set up an Account with Elo, additional terms and conditions may apply to your use of the Account. Elo may also offer separate services ("Services") available through the Site. Use of any such Services shall be subject to a separate agreement between Elo and You. In the event of any conflict between the terms provided in the applicable product or Services purchase or use agreement and these Terms of Use, the terms of such purchase or use agreement shall govern as it relates to those products or services. Use of this Site requires Internet access, compatible devices, and certain software, which may require periodic updates, and may be affected by the performance of these factors.

License and Restrictions on Use

You may use the Site pursuant to a limited, non-exclusive, revocable, non-transferable license, solely for your benefit, without the right to sublicense, and in accordance with these Terms of Use. You may not:

use the Site or any Service for gambling, adult entertainment, sexually explicit or other similar business;

upload any material depicting or promoting sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or that could otherwise give rise to any civil or criminal liability under applicable laws or regulations;

impersonate any other person, or misrepresent your identity or affiliation with any person or organization;

create a risk to public safety or health in general or to any individual's health and safety; and

upload or otherwise send or transmit any material that contains viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment associated with the Site.

Elo may terminate the limited license granted to you above for unauthorized use of the Site, or violation of these Terms of Use.

Intellectual Property; Third Party Proprietary Rights.

Elo respects the intellectual property rights of others and asks you to do the same. We may therefore suspend or terminate the access privileges of those who repeatedly infringe the copyrights or other intellectual property rights of Elo or others. Elo owns all trademarks and logos displayed on the Site, including the Elo logo, Elo Touch, Elo Touch Solutions, Elo Interactive, AccuTouch, IntelliTouch, iTouch, CarrollTouch, Elo PayPoint and EloView (collectively with any other Elo mark, "Elo Trademarks"), unless otherwise designated as owned by third parties. The Elo Trademarks and other marks, graphics, logos, icons and service names related to the Service are registered and unregistered trademarks or trade dress of Elo or third parties displayed on the site. They may not be used without Elo's express prior written permission. Other than the Elo Trademarks, all other trademarks appearing on this Site or as part of the Service ("Third Party Marks") are trademarks of their respective owners. You may not use Third Party Marks without the written permission of such third party.

Elo retains all ownership and intellectual property rights to the Site, except as expressly provided for in these Terms of Use. Without limitation, Elo owns the Elo Trademarks, the domains, software and all other content made available through the Site, and the copyrights in and to the Site, and the technology used in providing any Service. You will not acquire any right, title or interest therein under these Terms of Use or otherwise to any intellectual property owned by Elo.

The copyright in all material provided on the Site is held by Elo or by the original creator of the material. None of the material or information on the Site may be modified, altered, reverse engineered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Elo or any third party copyright owner. You may not remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site. You may not resell, import or export, directly or indirectly, any software made available through the Site. You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without our permission, "mirror" any material contained on the Site on any other server or otherwise.

In connection with the use of an Elo Service, you may upload images, business related data, including employee and agent data and third-party information and data, the display of purchases and communications with others, and related matters (collectively, "Content") to the Site. You agree that you will not upload any Content using the Services or Site unless you have created that Content yourself or you have consent from the owner(s) to do so. Elo claims no ownership or control over any Content submitted, posted or displayed by you on or through the Service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate. Your ownership of the Content that you upload to the Site is subject to the rights under these Terms of Use. You grant Elo a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as Elo deems necessary to enable you to use the Site. Elo may sublicense the rights granted to it hereunder to a subcontractor or to third parties for use in similar services or to Elo customers under applicable law. You agree to obtain any required consents of third parties to permit Elo's use of such information.

Confidential Information

By accessing the Site (and in particular your Account), you may be permitted to access certain of our confidential and proprietary information, including but not limited to drawings, software, SDKs, drivers, methods, techniques, programs, devices and operations and any other information we designate as being confidential whether verbally or in writing (collectively, "Confidential Information"). You agree that you will only use Confidential Information as explicitly permitted in these Terms of Use and any use restrictions required as a condition to downloading any such Confidential Information, you will not disclose any of our Confidential Information to any third party. You agree that you will take reasonable efforts to protect our Confidential Information from disclosure to third parties. Upon our request, at any time, you agree that you will promptly return to us all of your copies of our Confidential Information. We shall be entitled to injunctive relief in the event of any unauthorized use or disclosure, whether or not intentional, by you or your affiliate of our Confidential Information.

Privacy

By using the Site, you reaffirm your ongoing and continued consent to the Elo Privacy Policy located at www.elotouch.com. Personal information that you supply to Elo, and any information about your use of the Site that Elo obtains from you, will be subject to the Privacy Policy. In addition, Elo email addresses are provided solely for user queries relating to Elo. The capture of emails by you for use with unsolicited email is not permitted. You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your Account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smartphone, or other device used to access the Site and/or the Account and all activity that occurs under your account due to your failure to protect such information.

If required by any applicable law, or in connection with these Terms of Use or any Account or Service terms of use, you acknowledge that we are permitted to collect, store and/or share information about you with third parties. You authorize us to verify identifying information about you, including by use of public information. You further permit us to periodically obtain credit or other public reports regarding your any/or your business to determine whether you meet the requirements for an Account.

Elo takes measures to protect your personal and business information. For further information and detail on such measures, see our Privacy Policy. In the event that Elo determines that such safeguards have been breached or violated and your information has been compromised, Elo will use reasonable efforts to notify you.

Indemnity

You agree to protect and fully indemnify and hold harmless Elo and any third-party service provider (and all of their respective employees, directors, agents, affiliates and representatives) from any and all claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) caused by, related to or arising from your use of the Site, including uploading Content, your violation of these Terms of Use including any representations, warranties and covenants herein, , violation of any applicable law, rules or regulation or the Privacy Policy, or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.

Our Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE), ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. YOU ACKNOWLEDGE THAT ELO MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT ELO DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, ELO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.

OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL ELO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.

Limitations of Liability

YOU AGREE THAT NEITHER ELO, NOR ITS THIRD-PARTY SERVICE PROVIDER, NOR ANY OF THEIR RESPECTIVE ACCOUNT PROVIDERS NOR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF LEGAL THEORY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SITE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE; OR (vii) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION HEREIN OR IN ANY OTHER COMMUNICATION, ELO'S LIABILITY AND OBLIGATIONS WITH RESPECT TO ANY CLAIM(S) RESULTING OR ARISING FROM OR RELATING TO THESE TERMS OF USE, WHETHER IN CONTRACT, STRICT LIABILITY, TORT, INDEMNIFICATION OR OTHERWISE SHALL IN NO EVENT EXCEED USD$500.

Third Party Products and Hyperlinks

Certain functions or links may be subject to third party license terms. Hyperlinks are not endorsed, sponsored by or affiliated with the Site or Elo, and Elo makes no representations or warranties about those third party sites or their content. Use of any such third party site, functions or products is subject to such license terms and conditions which can be accessed through the provider's site and is at your sole risk and expense. Information you submit at a third party site accessible from the Site is subject to the terms of that site and Elo has no control over how your information is collected, used, or otherwise handled.

Additional Products and Services Disclaimer

Elo makes available certain descriptions of its products and services on the Site. However, we do not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument designated by Elo for that product or service and not by any information posted on the Site.

Applicable Law, Jurisdiction and Claims

THESE TERMS OF USE ARE MADE UNDER, AND WILL BE CONSTRUED ACCORDING TO, THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to these Terms of Use or the Site. Subject to the last sentence of this section, any claim, dispute or controversy arising out of or relating to these Terms of Use or the Site shall be resolved by arbitration in accordance with the provisions of the commercial or business rules of the American Arbitration Association. The arbitration shall be held in San Jose, California and be conducted in the English language. Notwithstanding the foregoing, a party may seek preliminary judicial relief (such as a preliminary injunction) from the state and federal courts located in Santa Clara County, California if, in its judgment, such action is necessary to avoid irreparable damage, and such courts shall have exclusive jurisdiction and venue over all matters relating to such preliminary relief.

Modification of Terms of Use

These Terms of Use may be updated by us from time to time and the most current version can be found on the Site. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately cease all use of the Site. Your continued use of the Site following the posting of a change notice or new Terms of Use on the Site will constitute your acceptance. Elo reserves the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Elo reserves the right to modify the organization, structure or "look and feel" of the Site, and may change, suspend, or discontinue any aspect of the Services at any time without any liability to you or any third party. Elo shall have complete discretion over the features, functions, prices and other terms and conditions on which the Services are offered.

Reservation of Rights

Elo reserves the right, but does not assume the obligation, to monitor data and communications that occur through the Site, as permitted under applicable law. If Elo determines, in its sole and absolute discretion, that you or another Elo user may violate these Terms of Use or that such transaction or communication is inappropriate, Elo may cancel such transaction, terminate your access to the Site or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. Elo may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Elo's rights or property, or the rights or property of visitors to or users of the Site, including Elo's customers. Elo reserves the right at all times to disclose any information that Elo deems necessary to comply with any applicable law, regulation, legal process or governmental request. Elo also may disclose your information when Elo determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Elo may preserve any transmittal or communication by you with Elo through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Elo determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Elo, its employees, users of or visitors to the Site, and the public.

You agree that Elo may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Elo does take any legal action against you as a result of your violation of these Terms of Use, Elo will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Elo. You agree that Elo will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Other Provisions

These Terms of Use, and our Privacy Policy constitute the entire agreement between you and Elo regarding the Site. The waiver by us of your default shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms of Use. You agree that Elo may provide notice to you and other information concerning the Site electronically, including any notice to any email address supplied by you. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.